Tuesday, February 20, 2018
Ingison v. Ojeman, No. 16-1235, 2018 WL 947426 (E.D. Tex. Feb. 20, 2018) (Gilstrap, J.)
Re: Request for plaintiff's "'judgment'"
Disposition: Adopting magistrate judge's report and recommendation; dismissing plaintiff's case
- Procedural Requirements, Entities Subject to the FOIA: The court holds that "[t]he Freedom of Information Act requires federal agencies – not state actors – to make federal records available." "There is no indication whatsoever that the document that was not given to him, the judgment and enhancement paragraph, were either federal records or stemmed from a federal agency." "While the copies of his transcripts denote that the attorneys were using the term 'Freedom of Information Act,' [plaintiff] was charged with a state crime and the proceedings occurred in state court and, therefore, it stands to reason that the attorneys were referring to Texas's public information law rather than the federal Freedom of Information Act."
Updated July 3, 2018